Archive: March 2019

1
Motorola Solutions, Inc. et al v. Hytera Communications Corporation Ltd. et al (N.D. Ill., 2019)
2
U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).
3
Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)
4
Udeen v. Subaru of America, Inc. (D. N. J., 2019)
5
Franklin v. Ocwen Loan Serv., LLC, No. 18-cv-03333-SI (N.D. Cal. Mar. 12, 2019).
6
People v. Spicer (Illinois Appellete Court, 2019)
7
Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)
8
Rubury v. Ford Motor Co. (New Jersey, 2019)
9
Equal Employment Opportunity Commission v. Performance Food Grp., No CCB-13-1712 (D. Md. Mar. 6, 2019)
10
Paisley Park Enterprises, Inc. et al v. Boxill et al (D. Minn., 2019)

Motorola Solutions, Inc. et al v. Hytera Communications Corporation Ltd. et al (N.D. Ill., 2019)

Key Insight: forensic inspection of computers not proportional to needs of case

Nature of Case: Trade Secret Misappropriation under the Defend Trade Secrets Act

Electronic Data Involved: computer

Keywords: forensic inspection

View Case Opinion

U.S. v. Therrien, No. 2:19-cr-00085 (D. Vt. Mar. 13, 2019).

Key Insight: contention that personal information was improperly subpoenaed (without a search warrant) from Google in violation of 4th amendment. Third party doctrine.

Nature of Case: transport of child pornography

Electronic Data Involved: google subscriber information, IP address information

Keywords: motion to suppress, warrantless searches, “special solicitude for location information,” no reasonable expectation of privacy

Nuvasive, Inc. v. Kormanis (Middle District of North Carolina, 2019)

Key Insight: Lack of action taken is not a reasonable step to maintain evidence and can lead to spoliation sanctions

Nature of Case: Employment/breach of contract

Electronic Data Involved: Email, text messages

Keywords: 30 day deletion, InoSpine

View Case Opinion

Franklin v. Ocwen Loan Serv., LLC, No. 18-cv-03333-SI (N.D. Cal. Mar. 12, 2019).

Key Insight: Motion for class certification requires discovery regarding number of recorded calls defendant made.

Nature of Case: Illegal recording of cellular phone conversations

Electronic Data Involved: Extrapolation of total number of recorded phone calls defendant made to CA residents during the relevant time period.

Keywords: unduly burdensome and disproportionate

View Case Opinion

Commonwealth v. Jones, SJC-12564 (Mass. Mar. 6, 2019)

Key Insight: Whether compelling the defendant to enter his cell phone password would violate his privilege against self incrimination under 5th Amendment and art. 12 of Mass Declaration of Rights

Nature of Case: Trafficking a person for sexual servitude

Electronic Data Involved: data held on cell phone

Keywords: Cell phone password, 5th Amendment

Identified State Rule(s): Mass. art. 12.

Identified Federal Rule(s): 5th Amendment

View Case Opinion

Rubury v. Ford Motor Co. (New Jersey, 2019)

Key Insight: Counsel has no duty to inform opposing counsel to preserve evidence that would be beneficial to opposing counsel’s claims

Nature of Case: Product liability

Electronic Data Involved: Airbag data (RCM)

Keywords: Ford, airbag, dismissed, spoliation

Identified State Rule(s): Rule 4:6-2(e)

View Case Opinion

Equal Employment Opportunity Commission v. Performance Food Grp., No CCB-13-1712 (D. Md. Mar. 6, 2019)

Key Insight: ESI protocol agreed to by parties precluded EEOC from arguing other tapes were spoiled since Defendant complied with protocol.

Nature of Case: Employment Discrimination

Electronic Data Involved: E-mails and Documents regarding employee hotline

Keywords: Spoilation; Agreements between Parties

View Case Opinion

Paisley Park Enterprises, Inc. et al v. Boxill et al (D. Minn., 2019)

Key Insight: Rule 45 subpoena to defendant upheld and party warned over boilerplate objections

Nature of Case: Trade Secret Misappropriation

Electronic Data Involved: documents

Keywords: judge warns of sanctions

View Case Opinion

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